When an accident results in the death of a loved one, compensation may be the farthest thing from your mind. And while legal action will not bring a deceased person back, some solace and closure can be found in holding someone responsible.
Damages in Baton Rouge wrongful death cases can cover some of the expenses coming from an accident, but only if you act to get those damages. At Tomeny | Best, our compassionate wrongful death attorneys could support you and your family through a wrongful death action to receive damages.
Understanding Options for Pursuing Damages
When death comes from an accident, such as by certain injuries at the scene or afterward, a person can bring a lawsuit on behalf of the deceased person. Since the action is brought on the decedent’s behalf, only certain individuals can bring the action.
As laid out by Louisiana Civil Code § 2315.2, there is a hierarchy of who can bring a wrongful death suit. First, a surviving spouse and/or children can bring the action followed by the deceased’s parents and then siblings. If the deceased does not have a spouse, children, parents, or siblings alive to bring a suit, then the deceased person’s grandparents can do so.
Claiming damages in a Baton Rouge wrongful death case requires evaluating the injury the death caused. For example, medical costs leading up to death can be included as special damages, as can funeral expenses and lost wages, and the loss of consortium (relationship) and mentorship of the deceased can count as general damages. The exact value of those damages will depend on the specifics of a person’s case, such as the accident that caused the death and the deceased’s role in their life and family. Working with an understanding attorney early on could ensure they have an accurate picture of what to expect from a wrongful death claim.
Bringing a Wrongful Death Action
Time is of the essence when bringing a wrongful death claim on behalf of a loved one. Louisiana has a statute of limitations of only one year after death, as outlined in Louisiana Civil Code § 2315.2, after which a person will likely lose the ability to sue. This short timeframe is why it is crucial to seek legal advice shortly after an accident that resulted in a death.
Proving a claim will likely involve showing the negligence of the person responsible, usually described as a duty of care that is breached, causing the accident and damages, such as the death in question and the other damages from it. A person will also need to show that the deceased did not partly cause the accident, which could reduce the damages a person can receive under Louisiana’s system of negligence described by Louisiana Civil Code § 2323.
A person does not need to figure out how to file a wrongful death claim and prove negligence on their own in Baton Rouge to receive damages. Instead, a well-versed lawyer could help, from gathering evidence of what happened to bringing a claim.
Learn More From a Baton Rouge Attorney About Your Options For Pursuing Damages for a Wrongful Death Case
During a time of grieving, you may not feel ready to pursue legal action. However, the one-year statute of limitations can force you to act, and a practiced lawyer could help you move quickly to preserve your legal rights.
For more information about damages in Baton Rouge wrongful death cases, speak with one of our diligent attorneys at Tomeny | Best. Our professionals could evaluate your case during a free consultation so you can decide whether to bring a wrongful death action.
